Regulation 52 Levy update noticesI1
England and Wales
This regulation applies if—
a levy determination notice has been given to a named client in relation to a building control application,
the building work to which the application relates has not been completed,
one or more of the following changes occur in relation to the building work to which the application relates—
the named client becomes an exempt person,
a new named client who is an exempt person replaces a named client who was not an exempt person,
the named client ceases to be an exempt person,
a new named client who is not an exempt person replaces a named client who was an exempt person,
one or more dwellings which were to be ordinary residential dwellings will no longer be ordinary residential dwellings, or
one or more dwellings which were not to be ordinary residential dwellings are to be ordinary residential dwellings.
A named client in relation to the building control application may, before the building work to which the application relates is completed, give a notice to the collecting authority requesting a revised levy determination notice in relation to the building work (“levy update notice”).
Subject to paragraph (4), the levy update notice must be signed by the named client and include—
a statement setting out the number of dwellings, if any, that would be provided as a result of the building work to which the application relates (updated for the changes referred to in paragraph (1)(c)) which are within any of sub-paragraphs (a) to (c) of regulation 8(1) of F1these Regulations,
a statement setting out the levy charging information (updated for the changes referred to in paragraph (1)(c)), in relation to the application,
a statement confirming whether or not the applicable planning information provided with the first compliant commencement notice under regulation 16(3C) of the 2010 Regulations, regulation 15(2) of the RBCA Regulations or regulations 9(3A) or 17(3A) of the HRB Regulations continues to be correct and if it is not, the statement must include the applicable planning information as updated,
if a new person (NP) has become the client in relation to building work to which an initial notice relates (and details of NP have not already been given to the authority in an amendment notice, a levy update notice, a notice under regulation 15(2) of the Building (Registered Building Control Approvers etc.) (England) Regulations 2024 or notice under paragraph 2(3) of Schedule 4 to F2these Regulations), a statement explaining that NP is the new named client and setting out the contact information for NP,
a statement as to whether the building work to which the application relates is, or is anticipated to be, major residential development or is part of a wider development which is, or is anticipated to be, major residential development,
the number of dwellings, if any, that would be provided as a result of the building work to which the application relates,
if purpose-built student accommodation would be provided as a result of the building work to which the application relates, the number of bedspaces that would be contained in the purpose-built student accommodation,
the details of the levy determination notice referred to in paragraph (1)(a), and
evidence as to the matters described in sub-paragraphs (a) to (c) F4and (da).
If the change to which the notice relates results in the building control application no longer being chargeable, the statement under paragraph (3)(b) must instead explain how the application is no longer chargeable.
If part of the building work described in the application referred to in paragraph (1) is completed a named client may nevertheless give a levy update notice in relation to the building control application provided that any change referred to in paragraph (1)(c) relates to the remaining uncompleted building work.
A levy update notice given in relation to a change in paragraph (1)(c)(ii) or (iv) may only be given by the new named client.
Annotations
Textual amendments
- F1
Words in reg. 52(3)(a) substituted (1.10.2026) by The Building Safety Levy (Amendment) (England) Regulations 2026 (S.I. 2026/1034), regs. 1(2), 6(1)(a)
- F2
Words in reg. 52(3)(d) substituted (1.10.2026) by The Building Safety Levy (Amendment) (England) Regulations 2026 (S.I. 2026/1034), regs. 1(2), 6(1)(b)
- F3
Reg. 52(3)(da)-(dd) inserted (1.10.2026) by The Building Safety Levy (Amendment) (England) Regulations 2026 (S.I. 2026/1034), regs. 1(2), 6(1)(c)
- F4
Words in reg. 52(3)(e) inserted (1.10.2026) by The Building Safety Levy (Amendment) (England) Regulations 2026 (S.I. 2026/1034), regs. 1(2), 6(1)(d)